{"id":1469,"date":"2008-04-08T09:27:03","date_gmt":"2007-10-23T07:11:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-23T07:11:34","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1469","title":{"rendered":"Fugitive had no reasonable expectation of privacy in motel room he was hiding in"},"content":{"rendered":"

The Sixth Circuit, in an unpublished opinion, holds that a fugitive had no reasonable expectation of privacy in a motel room that he was hiding in. The opinion was unpublished because of application of harmless error, as well. United States v. Stuckey<\/a>, 253 Fed. Appx. 468, 2007 FED App. 0738N (6th Cir. 2007) (unpublished): <\/p>\n

But Knights<\/em> did hold that probation status did reduce the expectation of privacy, and it was otherwise a close question whether Stuckey’s temporary fugitive stay in the apartment in question gave him a reasonable expectation of privacy. “Inherent in the very nature of probation is that probationers do not enjoy the absolute liberty to which every citizen is entitled.” Knights<\/em>, 534 U.S. at 119 (internal quotations omitted). Supervised release, like probation, is a form of criminal sanction and limits an individual’s freedom. Although Stuckey’s supervised release conditions did not authorize the search, the fact that Stuckey was subject to supervised release itself lessened Stuckey’s expectation of privacy. Like the defendant in Carter, Stuckey was temporarily using an apartment other than his own. Although nothing in the record suggests that Stuckey was purely a business guest, Stuckey was using the apartment for the purpose of evading capture by the police, and so neither was Stuckey purely an overnight guest, like the defendant in Minnesota v. Olson<\/em>. In Olson<\/em>, the Supreme Court emphasized the “everyday expectations of privacy that we all share” and the “longstanding social custom [of being an overnight guest] that serves functions recognized valuable by society.” 495 U.S. at 98. Sleeping at another’s apartment in order to evade capture by police does not comport with our everyday expectations of privacy and is not a longstanding social custom. Thus, taking together the fact that the apartment was not Stuckey’s and the fact that Stuckey was on supervised release, reasonable suspicion may have been enough to justify the search. Thus the reasoning of Carter and Knights together might warrant the conclusion that Stuckey lacked a reasonable expectation of privacy in the apartment in question in the circumstances of this case. We need not rule definitively on the question, however, because even if there was a Fourth Amendment violation that Stuckey could complain of, the error was harmless, as explained below.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1469","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1469","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1469"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1469\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1469"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1469"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1469"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}